S N VISHWAKARMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the petitioners and Shri Vijendra Singh Yadav, Additional Chief Standing Counsel appearing for the respondents. Counter and rejoinder affidavits have been exchanged and with the consent of the parties, the writ petition is being finally disposed of.

(2.) By this writ petition, the petitioners have prayed for a writ of certiorari quashing impugned fixation order dated 20.9.2001. A writ of mandamus has also been sought commanding the respondent to pay the salary to the petitioners as per fixation order dated 28.1.1998. It is further prayed that the direction be issued to the respondents restraining them from making, any recovery pursuant to the impugned order.

(3.) Brief facts necessary for deciding the writ petition are; All the petitioners were working as work charge employees in the Irrigation Department of the State. All the petitioners are working as Class-IV employee on different post. The petitioners were appointed on various date between 1.8.1977 to December 1979. All the petitioners have also been regularised in the regular establishment of the Irrigation Department from different dates in the year 1996- 1997. On the basis of recommendations of Vth Pay Commission, the pay scale of the Work Charge employees was revised with effect from 1.1.1996 vide Government Order dated 26.8.1999. The Government Order dated 26.8.1999 also provided a-maximum ceiling of salary with regard to work charge employees which maximum ceiling had been fixed from time to time by various earlier government orders. Apart from these work charge employees on the basis of Vth pay Commission, the pay scale of all other Government employees in the irrigation department were revised The Government orders were issued for fixation of salary in the revised pay scale dated 23.12.1997 and 31.12.1997 providing the manner and procedure of fixation of salary in the revised pay scale. The petitioners salary was fixed by order dated 28.1.1998 on the basis of Government Order dated 31.12.1997 and 21.12.1997 with effect from 1.1.1996. The petitioners were being paid salary in accordance with fixation dated 20.1.1998.